This agreement is made between the undersigned person who is above the age of 18 years old, or a parent or guardian of any participant under the age of 18, and Carolina PPG LLC (including its agents, subsidiaries, and affiliates) and its owners and employees, (sometimes referred to as “the Company”) agents and independent contractor teaching pilots.
I understand and acknowledge that I will be participating as a flight student in a powered paraglider tandem aircraft. I understand that Carolina PPG, its owners, agents, guests, or employees (collectively the “Company”) will not accept me as a flight student without this waiver of liability. I am signing this release for the express purpose of extinguishing any and all liability the Company may incur as a result of any and all injuries, damages, loss of property, loss of life, or any other liability which may or may not result from my participation as a flight student, including, but not limited to any acts resulting from the negligence of the Company. In consideration of my being allowed to be a passenger, I agree to the following:
- The Company has or may form subsidiaries and may contract with independent contractors and affiliated companies for the purpose of providing the services contemplated by this agreement.
- This agreement is intended to release, indemnify, and hold harmless the Company for any acts of negligence including the acts of such subsidiaries, independent contractors, or affiliated companies, or their employees.
- I understand that this agreement is intended to cover all interactions that I may have with the Company during training, flight, landing, or participation in any activities in which the Company is involved.
- I understand and acknowledge that this Waiver of Liability and Hold Harmless is fully enforceable under the Laws of the State of North Carolina and is governed by said Laws. I willingly submit myself, regardless of my place of residence or domicile to the Courts of North Carolina and their jurisdiction to enforce this Waiver of Liability and Release.
- I understand and acknowledge that while unlikely, my participation as a tandem paramotor flight student may result in physical or emotional injury or other damages to my person and further understand and acknowledge that the purpose of this Waiver of Liability and Hold Harmless is to inform me that the Company is requiring me to waive any lawsuit or other action for damages which may occur as a result of my participation in this activity.
- I understand and acknowledge that the Company is not responsible for loss of any personal property while participating in this activity.
- I understand and acknowledge that this Waiver of Liability and Release also applies to any injury or loss which may result or arise out of my participation as a spectator or passenger while on Company property.
- I assume full responsibility for any health risks that I may have and have disclosed those to my instructor and the Company. I understand and acknowledge the Company is not responsible for advice regarding whether this activity is safe for any health conditions known or unknown to me. I acknowledge that neither the Company nor its employees have in any way evaluated whether I am healthy enough to participate in the activities contemplated by this agreement. I assume all risks associated with the activities including the risk of death or serious bodily injury resulting from any health condition I may have.
- I agree and acknowledge that I am responsible for all of my action while guiding, flying, or in anyway engaging in the flight of the vehicle. I agree to be held responsible for all damages to the Company which result from my negligence in flight. I further acknowledge that by participating as a flight student that I may be held liable for any injury or damage to any other of my fellow passsengers, including, but not limited to Company employees or the Company’s agents or assigns.
- I expressly agree at all times to act reasonably under the circumstances and further recognize that by voluntarily engaging in a dangerous activity that I am exposing myself, and others, to potential harm. I will at all times engage in reasonable behavior including, but not limited to, following my flight instructor’s directions and observing all safety protocols in place by said instructor or the Company.
- I understand and acknowledge that failure on my part to observe any of the safety protocols, negligent behavior, or anything which the Company, in its sole discretion deem to be dangerous or reckless under the circumstances will result in my disqualification and dismissal from the flight program.
- I agree and acknowledge that the Company is relying upon my express written consent in this Waiver of Liability and Hold Harmless Agreement willing to provide services because of my agreeing to the terms set forth herein.
- I acknowledge that I am a person who is over the age of 18 or that I am the parent or guardian of a participant who is under the age of 18 and that I have full legal authority to enter into this Waiver of Liability.
THEREFORE, by signing this waiver and by participating in the above defined activity or being on the Company’s premises, I hereby RELEASE, WAIVE AND DISCHARGE the Company, including its agents, subsidiaries and affiliates, its officers, directors and owners, and/or its employees from any and all liability, claims, demands , actions whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, INSTRUCTORS, OR OTHERWISE, for any activities, or in, on or upon the premises where the activities are being conducted. I indemnify and hold the Company harmless for all damages, including court costs and attorney’s fees, that may incur due to my participation in said activities WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES or otherwise. I further agree that I will not file suit against the company or its employees for any injuries I may receive and specifically waive any right that I might otherwise obtain against them. This agreement applies to all claims, whether they arise from negligence, breach of contract, or otherwise.
It is my express intent that this agreement shall bind the members of my family and spouses, if I am alive, and my heirs, successors, assigns and personal representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER AND DISCHARGE OF LIABILITY, and HOLD HARMLESS, and COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT.
I understand that I have the right to have this agreement reviewed by an attorney of my choice and have either done so or waived that right.
I agree this agreement shall be construed in accordance with the laws of the state of North Carolina.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read and understand the foregoing provisions and that I sign this agreement VOLUNTARILY as my own free act and deed. No oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I am at least (18) years of age and fully competent. I execute this release for full, adequate and complete considerations, fully intending to be bound by same.
WAIVER REGARDING HAZARDS AND ACKNOWLEDGMENT OF ACTIVITY RISKS
I am fully aware of the risks and hazards connected with powered paragliding, including the risk of injuries that can cause death or bodily injury, and I hereby voluntarily elect to participate in said activities knowing that the activates may be hazardous to me and my property.
I understand that powered paragliding is virtually unregulated. There are no laws or regulations that govern the equipment being used, the experience of the pilots or instructors, or any other material aspects of the sport. Different instructors and “experts” in the field of powered paragliding have different opinions regarding the safest way to fly powered paragliders. I completely RELEASE, WAIVE AND DISCHARGE the Company and its employees for any decisions regarding these matters, regardless of what may be considered by others to be a standard for conducting these activities.
I understand that the company does not make any claim or representation that the equipment used is fit for any particular purpose.
Today's Date: September 28, 2022